Peterborough Charter case

5. You live in the City of Peterborough. City Council recently created Bylaw 2720, which states 1. No bill, poster, sign or other advertisement of any nature whatsoever shall be attached to any public property, including any pole, post, or other object which is used for the purpose of carrying the transmission lines of any telephone, telegraph, or electric power company within the limits of the City of Peterborough. 2. Every person who contravenes this bylaw is guilty of an offence and liable to a penalty not to exceed two thousand dollars {$2000.00} exclusive of costs for each and every such offence. You operate a nightclub that regularly features live musical performances. You advertise those performances by posting signs on telephone poles. You have been charged under Buylaw 2,720. You are worried about the possibility of paying a fine, but you are more worried about the general effect that the bylaw will have on your business. You simply cannot afford to buy advertising space in newspapers or on television. If you cannot attach your advertisements to Cityowned poles, you will not be able to effectively advertise at all